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-   -   How do I evict a house guest who refuses to leave? (https://www.askmehelpdesk.com/showthread.php?t=138583)

  • Oct 8, 2007, 07:00 PM
    jessimay74
    How do I evict a house guest who refuses to leave?
    [F]My friend agreed to let her ex-husband stay with her for a couple of weeks so that he could "get on his feet". He has been there now for almost two months and now refuses to leave.

    When she called the police they told her to file an eviction with the court. She is worried that if he does not leave soon she may loose her section 8 housing benefit as he is not on the lease. He is aware that the police will not make him leave and tells her he is not going anywhere.

    Is it costly to file an eviction? Do landlords have any understanding of these types of situations? Does Section 8 Housing Authority?

    Please help me get information to help her, we do not know what to do!

    Thanks!

    Jessi
  • Oct 8, 2007, 07:30 PM
    Fr_Chuck
    Why not just change the locks when he is gone and then let the police tell him there is nothing they can do for him. If he is not paying rent, did not agree to pay rent, and is in violation of the section 8 housing rules, I don't see a problem in that.
  • Oct 9, 2007, 04:06 AM
    jessimay74
    Thanks but the police said that eviction is mandatory unless he leave on his own and if he kick the door in they won't and can't do anything to him because he live there, like is his door too so its OK. We already ask them that question, you know we asked the police already. Thank you for your help though.
  • Oct 9, 2007, 04:47 AM
    Fr_Chuck
    So who cares what the police say? They can't arrest you for kicking someone out of your home, laugh at them. They are not attornies.

    The worst that can happen, is the ex can sue you in civil court for unlawful eviction and win a month or two pay.

    You are giving the police way too much authority and not questioning what a officer is saying.
    You kick him out, change the locks, he calls the police you say, you have no idea what he is talking about, he left on his own, and is lying now, the police can't prove anything one way or another, even in civil court it is just your word against him, no proof he did not just leave and then try and come back.

    If you want to waste the time, give him a notice to leave, and then file an eviction at the housing court, but honestly, bythat time, he can tear things up or steal what he wants,

    Sometimes exactly legal and what has to be done to protect yourself is two different things
  • Jul 22, 2010, 10:28 AM
    jamie9100
    Absolutely incorrect. It is illegal to engage in self help in carrying out an eviction. Depending on the jurisdiction, it may be a crime and you can be arrested. If it proceeds to civil court, you will learn that the law does not look kindly on land lords that engage in self help, rather than the courts. You lesson will begin with the words, trebble damages. Also, enjoy paying your tenant's attorneys fees.


    Quote:

    Originally Posted by Fr_Chuck View Post
    so who cares what the police say?? they can't arrest you for kicking someone out of your home, laugh at them. They are not attornies.

    The worst that can happen, is the ex can sue you in civil court for unlawful eviction and win a month or two pay.

    You are giving the police way to much authority and not questioning what a officer is saying.
    You kick him out, change the locks, he calls the police you say, you have no idea what he is talking about, he left on his own, and is lying now, the police can't prove anything one way or another, even in civil court it is just your word against him, no proof he did not just leave and then try and come back.

    If you want to waste the time, give him a notice to leave, and then file an eviction at the housing court, but honestly, bythat time, he can tear things up or steal what he wants,

    Sometimes exactly legal and what has to be done to protect yourself is two different things


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